Bank of Middlebury v. Edgerton
Supreme Court of Vermont
Appeal from the decree of the court of chancery. From the bill, the answers of each of the defendants and the testimony taken in the case, the following facts appeared: In May, 1853, the Western Vermont Bailroad Company failed, and numerous suits were brought against it, and all of its property was attached. Several of these suits were brought by the directors, officers and employees of the company.
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Appeal from the decree of the court of chancery. From the bill, the answers of each of the defendants and the testimony taken in the case, the following facts appeared: In May, 1853, the Western Vermont Bailroad Company failed, and numerous suits were brought against it, and all of its property was attached. Several of these suits were brought by the directors, officers and employees of the company. Previous to this time several other suits had been brought against the company, in which a large portion of its personal property had been attached by Jacob Edgerton, sheriff of Butland county,…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Upon the facts which the testimony in this case clearly establish, there is no good ground to claim that Seneca Smith has a lien upon the funds in the hands of Sheriff Edgerton for the satisfaction of his judgment against the railroad company; and indeed he has not appeared before this court to vindicate his claim. It is apparent from the testimony, that Smith, in connection with other attaching creditors of the railroad company, entered into an arrangement with the directors and the other officers of the company by which their suits against…
2Cases cited2 opinions
- Marshall v. TownSupreme Court of Vermont · 1855
- Brown v. DavisSupreme Court of Vermont · 1846
3Cited by10 opinions
- Board of Commissioners of Tippecanoe Co. v. Lafayette, Muncie, & Bloomington RailroadIndiana Supreme Court · 1875
- Miller v. Rutland & Washington RailroadSupreme Court of Vermont · 1864
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Chapman Valve Manufacturing Co. v. Oconto Water Co.Wisconsin Supreme Court · 1895
- Langdon v. Vermont & Canada RailroadSupreme Court of Vermont · 1882
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